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Florida Senate
-
2026
SB 1576
By
Senator Smith
17-00885A-26 20261576__
1 A bill to be entitled
2 An act relating to residential utility disconnections;
3 creating s. 366.043, F.S.; defining terms; prohibiting
4 an electric utility, a public utility, or a water
5 utility from disconnecting service to residential
6 customers for nonpayment of bills or fees under
7 specified circumstances; requiring such utilities to
8 waive reconnection fees and late fees in certain
9 circumstances; requiring such utilities to refer to
10 the National Weather Service for the forecasted heat
11 index and forecasted temperatures; prohibiting such
12 utilities from disconnecting service to residential
13 customers for nonpayment of bills or fees on specified
14 days; prohibiting such utilities from recovering from
15 customers any fee or expense incurred in complying
16 with the act; requiring such utilities to provide, in
17 a specified manner, their policy for disconnection for
18 nonpayment to residential customers; requiring an
19 electric utility to publish alerts informing
20 residential customers of certain disconnection
21 suspensions; requiring that all notices of nonpayment
22 of bills and fees provide an offer of bill payment
23 assistance or provide certain information; prohibiting
24 such utilities from disconnecting service for
25 nonpayment of bills and fees until an account is past
26 due by at least a specified number of days; providing
27 construction; authorizing such utilities to suspend
28 disconnections voluntarily in order to protect the
29 health and safety of customers and the reliability of
30 services; providing penalties and remedies; providing
31 an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Section 366.043, Florida Statutes, is created to
36 read:
37
366.043
Disconnection of utilities.—
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(1) As used in this section, the term:
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(a) “Extreme weather event” means any event in which
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weather, climate, or environmental conditions present a danger
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to life or property, including, but not limited to, heavy
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rainfall, flooding, storm surge, strong winds, a tropical storm
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or depression, a hurricane, or a tornado.
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(b) “Forecasted heat index” means the measure of how hot
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the outdoor weather will feel to the human body when the effects
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of humidity are added to high temperatures predicted by the
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National Weather Service.
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(c) “Water utility” means a water or wastewater utility
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including every person, lessee, trustee, or receiver owning,
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operating, managing, controlling, or proposing the construction
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of a system, which provides, or proposes to provide, water or
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wastewater service to the public for compensation.
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(2) An electric utility, a public utility, or a water
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utility may not disconnect service to any residential customer
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for the nonpayment of bills or fees if:
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(a) The forecasted heat index is at or above 90 degrees
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Fahrenheit for more than 3 consecutive hours within the 24 hours
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before or after the scheduled disconnection;
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(b) The forecasted temperature is at or below 32 degrees
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Fahrenheit for more than 3 consecutive hours within 48 hours
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before the scheduled disconnection; or
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(c) A state of emergency is declared for an extreme weather
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event or public health emergency within 24 hours before or after
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the scheduled disconnection. Scheduled service disconnections
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may resume upon the shorter of either 24 hours after the state
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of emergency is lifted or 60 days after the declaration of the
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state of emergency.
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(3) An electric utility, a public utility, or a water
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utility must waive reconnection fees and late fees for any
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residential customer attempting to reestablish utility service
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after being disconnected for nonpayment if:
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(a) The heat index is at or above 90 degrees Fahrenheit for
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more than 3 consecutive hours on the day of disconnection; or
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(b) The temperature is at or below 32 degrees Fahrenheit
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for more than 3 consecutive hours on the day of disconnection.
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(4) To ascertain the forecasted heat index and forecasted
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temperature as provided in this section, each respective
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electric utility, public utility, or water utility shall refer
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to the weather forecast as provided by the National Weather
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Service for the zip code area where the customer scheduled for
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disconnection is located.
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(5) An electric utility, a public utility, or a water
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utility may not disconnect service to any residential customer
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for nonpayment of bills or fees on a Friday, Saturday, Sunday,
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state holiday, or day immediately preceding a state holiday.
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(6) An electric utility, a public utility, or a water
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utility may not recover from its customers any fee or expense it
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incurs in complying with this section.
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(7)(a) An electric utility, a public utility, or a water
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utility shall provide its residential customers with a copy of
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its disconnection for nonpayment policy:
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1. When a new residential account is established;
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2. When any disconnection for nonpayment of bills or fees
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is scheduled. The utility’s notice of disconnection must include
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a copy of the policy with the notice; and
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3. By publishing the disconnection for nonpayment policy on
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the utility’s website.
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(b) An electric utility shall publish alerts informing its
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residential customers of the suspension of the disconnection of
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services due to a forecasted heat index above 90 degrees
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Fahrenheit, forecasted temperatures below 32 degrees Fahrenheit,
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or an extreme weather event.
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(8) All notices of nonpayment of bills or fees must provide
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an offer of bill payment assistance and instructions on how to
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arrange a payment plan or must provide information to the
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customer on other available bill payment assistance or energy
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assistance programs.
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(9) An electric utility, a public utility, or a water
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utility may not disconnect service for nonpayment of bills or
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fees for residential customers until a customer account is at
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least 60 days past due.
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(10) This section may not be construed to limit an electric
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utility, a public utility, or a water utility from voluntarily
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suspending scheduled disconnections during other extreme weather
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events, emergency conditions, incidents pursuant to s. 366.15(5)
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or (6), or circumstances in which it determines that such
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suspension is necessary to protect the health and safety of its
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customers and the reliability of its service in this state.
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Further, this section may not be construed to prohibit emergency
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disconnections for health and safety purposes or the occurrence
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of an automatic service suspension associated with prepaid
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utility service.
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(11)(a) An electric utility, a public utility, or a water
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utility that violates this section is liable to the unlawfully
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disconnected residential customer for actual and consequential
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damages or $1,000, whichever is greater, and court costs,
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including attorney fees, in addition to any penalties imposed
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pursuant to s. 366.095. Subsequent or repeated violations
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unrelated to the initial violation are subject to separate
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awards of damages. Any applicable sovereign immunity is hereby
131
waived for the purposes of this section.
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(b) A violation of this section constitutes irreparable
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harm for the purposes of injunctive relief.
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(c) The remedies provided by this section are not exclusive
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and do not preclude a disconnected residential customer from
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pursuing any other remedy at law or equity which may be
137
available to the customer.
138 Section 2. This act shall take effect July 1, 2026.